When Immigration Is a Life Issue
by Julia Smucker
Immigration Statuses
and Why They Matter for the Protection of Human Life
Working as a community interpreter, it can be easy to take for granted my adjacency to the U.S. immigration system and people affected by it. So when overgeneralizations and misconceptions appear in public discourse, or when even some consistent-life advocates object to the naming of mass deportations as a life issue alongside forms of killing, it’s jolting. My own views are surely affected by the fact that most of the immigrants I encounter have fled serious danger, which isn’t the case for all immigrants. But for those who have, the consequences of being forced out of a place where they’d sought safety can be deadly.
What follows is an attempt to explain some of the immigration statuses that people seeking safety in the U.S. might have, which can be easily confused or conflated. This information is based on my work experience and verified through government websites and conversations with immigration lawyers.
Julia Smucker
Refugees. Many people, including many immigrants, use this term broadly to refer to anyone seeking refuge, but its legal sense is more narrow, referring to a pre-set number of people who have been admitted to a country for safety reasons before they arrive (specifically, fearing or already experiencing persecution because of their race, religion, nationality, social group or political opinion). People officially admitted as refugees come with travel documents through official ports of entry – in the U.S., usually an airport.
Asylees and asylum-seekers. To apply for asylum in the U.S., one must be physically present in the country for up to a year before applying (although people typically apply sooner) and fear persecution based on the same categories as refugees. Someone can declare their intent to seek asylum either after entering legally with a visa, or when being detained by border patrol agents – or, since earlier in 2024, after making an appointment for an interview at an official port of entry using the CPB One app, an ambiguous program meant to replace unauthorized border crossings.*
If someone is detained and claiming asylum, the normal process (apart from legally questionable interruptions under both the Trump and Biden administrations) is to give them a credible fear interview and, if passed, release them with a document called a Notice to Appear, showing when and where they entered and when and where to report to their first immigration court hearing. In the meantime, they must fill out an asylum application and mail it to United States Customs and Immigration Services (USCIS). Following an arbitrary six-month waiting period after the application is received, the applicant can receive legal authorization to work in the U.S., along with a social security number for tax purposes, while their asylum case is pending, regardless of how they initially entered the country.
Eventually, if asylum is denied, the removal proceedings process moves forward. If asylum is granted, the asylum-seeker is given the status of “asylee” and, like refugees, can apply a year later for permanent residency (a green card).
Temporary Protected Status (TPS). This status is for people from specific countries that the U.S. government has designated as having unsafe conditions. Though not automatic (people from TPS-designated countries must still apply for it and then reapply whenever their country’s designation is extended), it’s often the easiest immigration status for people from qualifying countries to get. It can also be the easiest to lose, if the U.S. government decides not to extend TPS for a particular country – which it can do at its own discretion, whether because that country has become safe to return to or simply for political reasons. Additionally, having TPS protects someone from deportation during the designated time period (normally 18 months at a time) but cannot lead to permanent residency or citizenship. For these reasons, it’s common for people to apply for TPS and asylum at the same time, which they’re eligible to do if they come from a TPS-designated country and also fear being personally targeted for torture or death.
Humanitarian Parole. Like refugees, people granted humanitarian parole are admitted with official travel authorization before arrival. But like TPS, this status is temporary and based on urgent humanitarian reasons. Although the process is inherently urgent, those seeking parole to the U.S. must apply and be vetted for need, national security concerns, financial support, and other “discretionary factors” decided by USCIS. Currently, there are special parole processes in place for Cubans, Haitians, Nicaraguans, and Venezuelans (collectively called CHNV), meant to decrease unauthorized border crossings by people fleeing severe instability in those countries, and separate parole programs for Afghans and Ukrainians because of the recent and ongoing wars. Except for Cuba, these countries are also part of the longer list of current TPS-designated countries. Parole for Venezuelans is set to expire at the end of October without being renewed, and the entire CHNV parole program is on the verge of becoming a casualty of political battles to appear “tough” on immigration, despite being a legal path that reduces border encounters.
Statuses for minors. It’s currently most common for immigrant children to be listed on their parents’ applications for a particular status. Otherwise, the best-known status for people who entered the U.S. as minors (partly because of high-profile legal battles) is Deferred Action for Childhood Arrivals (DACA), which applies to those who arrived between 2007 and 2012 sometime between birth and age 16. Although DACA requires a complex application process, it’s officially considered deferral of removal rather than a legal status and cannot lead to a permanent status. A more narrowly-applied but more secure status is Special Immigrant Juvenile status (SIJ), for immigrants already in the U.S. who have been abused, abandoned or neglected by a parent (in practice this can include a death), who apply for this status before turning 21. Unlike DACA, SIJ is an official legal status that can lead to permanent residency or citizenship. And of course, those with the simple luck to have been brought into the U.S. in utero become U.S. citizens at birth.
Undocumented. Legally, someone with a Notice to Appear and a pending status can be considered undocumented, although they may have some documents such as a work permit and social security card. This may be the case if someone is applying for asylum (typically a long process) without having another shorter-term status, or is in removal proceedings that have been deferred through programs like DACA or Deferred Enforced Departure. In the past several years, situations like these have become more common than remaining undocumented in a more total and literal sense. Someone who evades border patrol and has no documentation cannot legally work or receive any public assistance and is extremely vulnerable to exploitation (conversely, those eligible for benefits must have a social security number and pay taxes on their income).
The Stakes of Expulsion
There are other categories of immigrants and visitors, not all of whom have fled danger. But it’s often those most at risk of harm if sent back to their countries of origin who are most at risk of being sent back.
For people who aren’t regularly exposed to these immigrants’ stories, “expelling migrants” might sound relatively innocuous. Because of professional ethics, I can’t share specific stories I’ve heard beyond what’s been published with permission, and I don’t wish to perpetuate stereotypes. Everyone’s story is different. But based on my overall exposure to personal histories of people I encounter in my work, what I hear when people talk about expelling migrants – especially those most routinely vilified – is a strong possibility of sending people to be tortured, raped, or killed. While deportation isn’t direct killing, in many cases it may be only one step removed.
If someone who fled danger is facing deportation or being turned away without due process, and is then told, “But it’s the right to life that’s fundamental; without that, you couldn’t have any rights at all,” they might reasonably respond, “Yes, of course – that’s why I’m here.”
* The CPB One app has received criticism from pro- and anti-immigrant perspectives, with some saying it facilitates illegal border crossings and others saying it makes it harder to get an interview with border officials. In any case, contrary to Senator JD Vance’s description, it is not an asylum application. It only provides a means of making an appointment for an initial interview to begin the asylum-seeking process.
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For more of our posts on immigration, see:
Would My Grandparents Have Died in the Pogroms?
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